Proposed bill would make it easier for people to sue federal agents who break the law

A bill was introduced by California State Sen. Scott Wiener (D-San Francisco) this week that would create more pathways for individuals to bring charges against ICE and other federal agents who violate their rights.

Senate Bill 747, The No Kings Act, is aimed at holding local, state and federal officers accountable if they violate people’s Constitutional rights. Wiener, a 2026 congressional hopeful, stressed the importance of the bill pointing to an uptick in “lawlessness” perpetuated throughout President Donald Trump’s second administration.

“Californians need a way to stand up to this Administration’s unprecedented disregard for their Constitutional rights,” said Wiener in a statement. “The Trump Administration has used its power to racially profile people and illegally disappear them, to punish political opponents and to cut off funding to universities — and this Supreme Court has handed them unchecked power to do so.”

If passed, SB 747 will allow individuals to seek criminal charges and monetary damages against agents who violate their First, Fourth and Fifth amendment rights as well as equal protection violations.

The bill builds on existing legislation including “Bivens” actions, which is a right to sue the federal government that the Supreme Court established in a 1971 ruling. In the decades since, the Court has significantly limited “Bivens” actions and therefore, Wiener argues, has allowed federal officers to remain largely immune from persecution for constitutional violations.

The bill also builds on the Tom Bane Civil Rights Act of 1987 that created pathways for people whose Constitutional rights have been violated, but circumstances that qualify are limited. SB 747 expands the Bane Act to cover all violations of the Constitution.

Individuals will be able to bring a lawsuit for damages against officers at any level “so that victims of unconstitutional conduct have a path to justice and that no officer is above the law,” reads the statement.

Wiener was also one of the legislators behind SB 627 and SB 805, the No Secret Police and No Vigilantes Acts, which prohibit law enforcement from wearing masks to cover their identity and requires officers to display identification. 

The Department of Homeland Security stated almost immediately after the bills were signed into law that they would not be complying, and on Nov. 17, the Justice Department filed a lawsuit against California regarding the two bills.

In his statement Wiener points to the September Supreme Court decision allowing federal agents to racially profile and target individuals who speak Spanish or frequent day laborer gathering spots.

“Our rights mean little if government agents can violate them without consequences,” said the senator. “While they take rights away, we will create a new path to justice through a clear legal remedy for willful violations of constitutional rights. As a lawless Administration attempts to shred the Constitution, it’s time we give it some teeth.”